Physical evidence recovery kits. Establishes
a comprehensive procedure for the collection and analysis of physical
evidence recovery kits for victims of sexual assault, including those
who elect at the time of the exam not to report a sexual assault to
a law-enforcement agency. Kits from victims who elect not to report
are known as "anonymous physical evidence recovery kits" and will
be stored at the Division of Consolidated Laboratory Services (the
Division) for two years, although the Division, the victim, or the
law-enforcement agency may elect for the kits to be retained for a
longer period of time. If the victim later elects to report the sexual
assault, the victim's kit will be released to law enforcement. Health
care providers are required to explain these procedures and time frames
to victims. Where the victim elects to report the offense to law
enforcement at the time of the exam, law enforcement is required to
take possession of the victim's kit forthwith upon notification from
the health care provider that the kit has been collected and, with
limited exceptions, to submit the kit to the Department of Forensic
Science for analysis within 60 days. The bill outlines the exceptions
to mandatory submission for analysis, time frames, and storage requirements
for retention of analyzed samples; expungement of DNA samples obtained
but not connected to a crime; and victims' notification rights.
This bill incorporates SB 158 and SB 159 and is identical to HB 1160.